Protesters Seek Injunction to Block DHS/FBI DNA Seizure

Four individuals filed a complaint in the U.S. District Court for the Northern District of Illinois on Wednesday, requesting an injunction that would prohibit DHS and the FBI from seizing DNA taken from Americans arrested while peacefully protesting ICE activity. The plaintiffs allege violations of the First and Fourth Amendments and the Administrative Procedure Act.

Ars Technica

During “Operation Midway Blitz,” thousands of federal agents entered Chicago, leading to 92 non-immigration arrests at Broadview ICE facility. DNA-collection authority derives from a 2013 Supreme Court decision that permits sampling when a person is “validly arrested with probable cause for a serious offense” and the arrest is “confirmed by a judicial officer,” with use limited to identification. Only one of the 92 arrests resulted in a conviction—a guilty plea to concealing a prior felony that the plaintiffs say “had nothing to do with the protests at Broadview.” Two plaintiffs faced minor charges for impeding an officer by slapping an agent’s phone, which were quickly dismissed; the other two faced no charges.

Ars Technica

The plaintiffs argue that the government’s collection, storage, and uploading of DNA profiles to federal databases exceed lawful authority and violate constitutional rights. They label the practice as “wrongfully arresting peaceful protesters, collecting their DNA, uploading their genetic profiles to government databases, and storing their DNA samples in federal labs—permanently,” and claim it exceeds the Supreme Court’s limited scope. If the injunction is granted, the creation of permanent genetic records for individuals arrested in low-level demonstrations would stop, addressing concerns about future use of the data beyond identification.

Ars Technica

The Supreme Court decision applies only to arrests for serious offenses, yet most Broadview arrests involved minor or no criminal conduct. Plaintiffs contend the agencies are applying DNA-collection authority beyond its intended scope. No official response from DHS or the FBI is included in the source.

Ars Technica

• “wrongfully arresting peaceful protesters, collecting their DNA, uploading their genetic profiles to government databases, and storing their DNA samples in federal labs—permanently.” — Plaintiffs

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• “had nothing to do with the protests at Broadview,” — Plaintiffs

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• “an individual has been validly arrested with probable cause for a serious offense,” — Supreme Court (2013)

Ars Technica

The district court will consider the request for a preliminary injunction. A hearing date has not been announced, and the outcome will determine whether DHS and the FBI must halt DNA collection from individuals arrested during the protest operation.

Ars Technica